Sawyer v. Lumber Co.
Supreme Court of North Carolina
ActioN by J. L. Sawyer against Roanoke Railroad and Lumber Company, beard by Judge Walter II. Neal and a jury, at tbe February Term, 1906, of the Superior Court of Beaufort. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, C. J.
The defendant at the close of the evidence, and before the argument began, requested the Court “for put its charge to the jury in writing, and in part to charge the jury as follows” — here follows seventeen paragraphs of special instructions asked. The whole charge on the law was not put in writing, and this entitles the defendant to a new trial, Rev., sec. 536, though this section does not require the recapitulation of evidence to be in writing. Jenkins v. Railroad, 110 N. C., 438; Bank v. Sumner, 119 N. C., 591. This exception, like all other exceptions to» defects or errors in the charge,…
2Cases cited7 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- State Ex Rel. Drake v. ConnellySupreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Universal Metal Co. v. Durham & Charlotte RailroadSupreme Court of North Carolina · 1907
- State v. BlackSupreme Court of North Carolina · 1913